Senator Eliot Shapleigh - El Paso, Texas

EL PASO -- The Texas Civil Rights Project filed a lawsuit Wednesday in Austin against the Texas Department of Public Safety over new driver's license rules for immigrants who are not U.S. citizens or permanent legal residents.

James Harrington, director of the nonprofit foundation that promotes civil rights and economic and racial justice, said the rules, which went into effect in October, discriminate against Hispanics and people of other nationalities, and place an unfair financial burden on certain immigrants, including victims of domestic violence.

Harrington, who represents the plaintiffs, also said the rules "create a danger to the public safety because (the new rules) force people to drive without insurance. (They) are ill-conceived, unconscionable and counterproductive."

In response to the lawsuit, Department of Public Safety spokeswoman Tela Mange said, "We do not comment on pending litigation." Information was not available on how many people might be affected by the rules.

A hearing for a temporary injunction against the state agency's new rules is set for Wednesday at the Travis County Courthouse.

Ray Rojas, executive director of Las Americas in El Paso, said his office often represents immigrants who are affected by the new rules.

"The state passed this law without fully comprehending the magnitude and duration of the immigration process," Rojas said.

Under the new rules, which include people with special cases pending before U.S. immigration authorities, immigrants must show proof of work authorization from the federal government that is for longer than a six-month period or lose their license or not be able to receive one.

They also must renew their license every six months and pay the $24 renewal fee each time. A regular Texas driver pays $24 to renew a license once every four years.

However, Harrington said, the federal government cannot always provide a formal extension of the work authorization for a period that coincides with the state's six-month rule. And the state won't accept informal letters from the federal government.

"This is especially a problem with abused immigrant women who have petitions pending for legal status in the country under the Violence Against Women Act," said Amanda Hill, Texas Civil Rights Project's director of community outreach and development. "This is an enormous burden ($192 over a four-year period) for single mothers who are generally making the minimum wage and supporting their children."

One of the three plaintiffs in the case filed in Travis County District Court lost her license of 18 years because of the new rules. The plaintiffs included two natives of Mexico and a native of Honduras.